Revolutionary War Pension and Bounty Land Warrant Application File S. 13,133, Daniel Gilbert, New York

SERVICE
NUMBER
New York
Gilbert, Daniel
813/33
Carded
CONTENTS

20.259  New York  Danl. Gilbert  as Orion in the State of New York who was a private in the Comp. commanded by Captain _____ of the Regt. commanded by Col. Mathews in the N. York time for 10 Mos. V 1828
Inscribed on the Roll of W. York at the rate of 34 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 day of Aug.  1832 and Antto S. G. Seward  Florida
Arrears to the 4th of Mar. '31  $ 69.32 Semi-ann. allowance ending 4 Sep. '31  17.33  $ 86.65
5 Revolutionary Claim, Act June 7, 1832.  Recorded by C. O. Stiles Clerk Book 6 Vol. 3 Page 58

State of New York } County of Orange } ss
On this 27 th day of May in the year 1833 personally appeared before me Nathaniel Jones one of the Judges of the Court of Common Pleas in and for the County of Orange Daniel Gilbert a resident of the Town of Warwick in the said County of Orange and State aforesaid aged seventy six years the twenty fifth day of January last as appears from a record in his family Bible Who being first duly sworn according to law doth on his oath make the following declaration in order to amend or further explain his affidavit made on the 27 th day of Aug t last before Sam l Seward Esq r then first Judge of said County in order to obtain the benefit of the Act of Congress passed June 7 th 1832 That he was born in the County of Orange and State of New York and still resides in the Town of Warwick in said County That he entered the service as a private in the Militia under the following named officers His first services was under Capt. John Layne in Col. John Hathorn's Regiment and as near as he can recollect was in the year 1796 was marched from Florida to Pensylvania and was absent on duty three weeks. That afterwards he was called on and went under different Captains belonging to Col. Hathorn's Regiment to the neighborhood of Judge Suffer's and the Mountain pass not less than five nor over eight times was absent usually absent three weeks or a month at a time the precise dates or length of each tour of duty he cannot precisely state from want of recollection but feels confident they would average one month three weeks a time Went on an expedition to keep guard at Sapsan thinks under the command of Capt Peter Bartholf but not positive which of the Captains of Col. Hathorn's Regiment was absent four weeks Was afterwards stationed at Harverstraw does not recollect whether under Capt Bartholf Blain or Layne was on duty three weeks Was sent on an expedition to Niage served as one of Guard was absent three weeks Was on a tour of duty at the English neighborhood, the New Bridge and Lobster does not remember his Capt. but was under Col. Hathorn was absent three weeks or more Was served twice certain and he believes three times at Fort Montgomery absent about a week each time Was sent as one of a Guard with prisoners from Florida to Kingston under the command of Capt Henry Wisner was absent ten or twelve days Was sent to guard ammunition wagons from Goshen Orange County to Easton in Pennsylvania does not recollect his Officer was on duty about two weeks Went as a Militia man from Florida to New Windsor and after laying there some time, from want of recollection cannot say how long, from there was marched to Morristown lay there some days was then marched by the way of Bascan Ridge and Burdentown to Red Bank was there when Fort Mifflin was evacuated was under the command of Capt Cole and Col Seward and part of the time under Gen Wayne from want of recollection cannot state the exact time but believes it was not less than eight weeks Was stationed at different Posts at Minnisink, Deckers Fort and on the Indian frontier under different Captains but Hathorn's Regiment is certain of at least twice but thinks oftener was out three weeks each time

7. 21 21 10 12
Was stationed at Fort Lar under the Command of Col Halkorn at the time of the Battle of White Plains and heard the firing distinctly at the Battle was absent on that tour he believes three weeks. Was called from the Militia service to prep s H ay for the Continental Army he cannot state from want of recollection the precise time but thinks not less than two nor over four weeks. Was frequently called out on alarms to short tours of duty cannot state how many, sometimes absent two, three & sometimes six days. This deponent further states that from bodily infirmities and other causes his memory is much impaired and that he cannot now swear positively as to all his services nor the particular length of each tour of duty. That he is confident of having served all that is herein before stated and verily believes he has rendered services other than those now stated. And that he verily believes from the best of his recollection that he served as a private not less than two years during the revolutionary war. And for such service he claims a pension.
Daniel his Gilbert Mark
Sworn and subscribed to before the Undersigned the 27 th day of May in the year 1833. Nathaniel Jones, Judge of the Court of Com. Pleas.
I do hereby certify that Samuel L. Seward before whom the Affidavits of William Winfield, Enoch Jackson and James Burt were taken in August 1832, is not at this time in commission. And I also do certify that I am personally acquainted with the aforesaid William Winfield, Enoch Jackson and James Burt and that their statements are entitled to consideration of the highest credibility.
Nathaniel Jones Judge of the Court of Com. Pleas
State of New York Orange County ss
Asa Dunning clerk of the County of Orange and also clerk of the Court of Common Pleas in and for the said County of Orange
Do hereby certify that Nathaniel Jones Esq before whom the foregoing affidavit was sworn

and by whom the above Certificate was made was at the day & date of the same a Judge of the Court of Common Pleas in and for the County of Orange which is a Court of Record and that the Signatures subscribed to the above & annexed Affidavit and Certificate are his genuine Signatures.
In Witness Whereof I have hereunto set my hand and Seal of Office this twenty Seventh day of May 1833. A. D. Dickinson Clerk

State of New York } County of Orange } ss
On this twenty seventh day of Augt. 1832 personally appeared in open court before me Samuel P Seward
first judges of the Court of Common Pleas now sitting at my office in and for the County of Orange Daniel Gilbert a resident of the Town of Warwick in the County and State aforesaid aged seventy five years who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832 That the said Daniel Gilbert was born in Orange County in the State of New York and still resides in the Town of Warwick in said County That about the commencement of the Revolutionary War he became liable to do military duty That he entered the service of the United States under the following named Officers and served as herein stated That the first services he recollects to have rendered was an expedition to Ramapo under Capt. John Sayre Maj. John Poppino and Col. John Hathorn was absent from Florida where he resided about three weeks That the same kind of service to the same place and the neighborhood of Judge Suffern's and the Mountain pass he repeated five or six times some times under the same Capt. Sometimes under Capt. Minthorn and sometimes under Capt. Plair Went on an expedition to keep guard at Tappan thinks he was under the command of Capt. Peter Bartholf but not positive was several times under his command He was also stationed at Harlestraw does not recollect his captain but thinks it was one of the Captains of Hathorn's regiment Afterwards was sent on an expedition to New Bridge and served there as one of guard Was on another to the English neighborhood the New Bridge and Closter and along the lines in New Jersey under different Officers under Col. Hathorn's command Was several different times at Fort Montgomery under different Officers Was once sent as one of a guard with prisoners to Kingston under the command of Capt. Henry Wisner Was once sent as one of a guard to escort ammunition Wagon from Goshen in Orange County to Easton in Pennsylvania does not recollect his Commanding Officer Went as a Militiaman from Florida to New Windsor and after laying there some time was marched to Morristown after laying there some days was marched by the way of Bareon ridge and Burdentown to Red Bank was there when Fort Mifflin was evacuated was under the command of Capt. Cole and Col. Seward and parts of the time under Gen Wayne Was several times stationed at different posts along the Delaware than the Indian frontier under different Captains but he thinks always under Col. Hathorn's command Was frequently called out on alarms to short tours of duty both along the Jersey Mountains and at Minisink was on the march in consequence of one when the Indian Battle at Minisink was fought and met the defeated a short distance on their retreat This deponent recollects distinctly of being on duty on the West side of the Hudson river during the Battle of White Plains and heard distinctly the firing in that Battle and was afterwards

Marched by the way of the sign of the three Pidgeons to near Potosi hook and was encamped between that and Haskinsack. He was also called from the militia service to prep. Hq for the Continental army under the direction of a Mr Ervine who had some direction in the forage department about two or three weeks. This deponent cannot fix the time of his different services with precision on each of the different tours of duty but he verily believes that his time spent in the service put it all together during the revolutionary war cannot be less than Two years and perhaps more. He further states that he does not know of an Officer under whom he served that is now living and that he has no documentary evidence of any of his services. Has a record of his age in his family Bible. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of any agency of any State whatsoever nor ever has been.
Sworn to and subscribed the day and year aforesaid Daniel his Gilbert Mark v iz the 27 th day of Aug t 1832 before me Samuel D. Seward first Judge of the courts of said county
We Charles Cummins a clergyman residing in the Town of Warwick in said county of Orange and John Curtice and James Wood both residing in the same place hereby certify, that we are well acquainted with Daniel Gilbert, who has subscribed and sworn to the above declaration - that we believe him to be seventy five years of age; that he is reputed and believed in the neighborhood in which he resides to have been a soldier of the revolution and that we concur in that opinion. That his character is unimpeachable and that his affidavit is entitled to full credit.
Sworn to and subscribed the day and year aforesaid Charles Cummins John Curtice James Wood v iz the 27 th day of August 1832 before me Samuel D. Seward first Judge of the courts of said County

11318
Daniel Gilbert Tennessee Certificate
Adm
10. 12 days

State of New York Orange County } ss
Personally appeared before me Sam l S. Seward first Judge of the Court of Common Pleas in and for the County of Orange Enoch Jackson of said County to me personally well known and after being duly sworn deposeth and saith that he has been acquainted with Daniel Gilbert ever since before the war of the revolution. That he knows said Gilbert rendered services in the Militia during said war That he served under Major John Poppino and Col John Sayre at a place called the English Neighborhood and at the New Bridge and at Closter all in New Jersey. Also at Martinus Decker's Fort at Minimink at several different times under different officers. Also at Fort Montgomery under Col John Sayre & Major John Poppino. Also on a tour to Easton under Col John Hathorn to guard ammunition wagons. And also on many different alarms during several years of the war. And further saith not.
Sworn to and subscribed Enoch Jackson before me 7 Aug 1832 Sam l
State of New York County of Orange } ss
S am l Seward first Judge of the Court Personally appeared before me Sam l Seward first Judge of the Court of Common Pleas in and for the County of Orange William Winfield of said County to me personally known and after being duly sworn deposeth and saith that he was intimately acquainted with Daniel Gilbert during the war of the revolution and that this deponent saw him in the Militia service of the State of New York in said war. That he saw him on the lines at Tappan and Closter the English Neighborhood Hahirsack and at and about Ramapo at different times and under different officers. Also on a tour of duty to Easton under Col John Hathorn to guard ammunition wagons. And on many and different alarms and further saith not Also at several different times on the indian frontier at Minimink and along the Delaware river and further saith not.
Sworn to and subscribed William his Winfield before me 7 day Aug 1832 mark before me Sam l Seward first Judge of the Court of said County

State of New York } County of Orange }
Personally appeared before me Samuel S. Seward first Judge of the Courts of said County James Burt Esq to me personally known who after being sworn according to law says he has been acquainted with Daniel Gilbert ever since the year 1775 That he saw said Gilbert in the Militia service of the United States at several different times and places under different Captains but he thinks always in Col John Hathorns regiment That said Gilbert has always sustained the character of a man of veracity and that he is intitled to full credit
Sworn to and Subscribed James Burt before me this 27 th day of August 1832 Saml S. Seward first Judge of the Courts of the said County of Orange -

State New York Orange County ss
I Samuel Seward first Judge of the Court of Common Pleas in and for said County being a Court of Record Do hereby declare my opinion after investigation of the matter and after putting the interrogatories prescribed by the War Department, that the abovenamed Daniel Gilbert was a revolutionary Soldier and served as he states. And I do also certify that Doc Charles Cummings whose certificate appears above is a Clergyman of high respectability in the congregation where he presently resides - And that John Cartier and James Wood Esquires are citizens of the same village, of respectability and integrity and that their statement is entitled to credit And I do further certify that the said Daniel Gilbert cannot from bodily infirmity attend the Court Florida Town of Warwick the 28 th day of August 1832
Samuel Seward
State of New York Orange County ss -
I Asa Dunning Clerk of the County of Orange and also Clerk of the Court of Common Pleas in and for the said County do hereby certify that Samuel Seward Esq. before whom the foregoing affidavits were sworn and whose name is subscribed to the above decla- -ration and certificate was at the time First Judge of the Court of Common Pleas in and for the said County of Orange which is a Court of Record and that the signature subscribed to the said affidavits and the above declaration and certificate is his genuine signature -
In Testimony Whereof I have hereunto set my hand and Seal of Office this Third day of September 1832
Asa Dunning

11318
Daniel Gilbert Orange co New York
e i j m
Admitted
Private 10 mo 42 days
3 1/2 1 1/2 3 4 6 5
S. S. Seward esq Florida, Orange co N.Y.

WAR DEPARTMENT,
Pension Office,
May 17 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Daniel Gilbert
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     first service same amount of service repeated 5 or 6 times, and various other service admitted to but not definitely specified About 3 Wks Private Col. Hathorn 75 Orange Co N.Y. tradition - two witnesses prove service on the part of the applicant, and his character - their credibility not certified.  
In all "not less than 2 years, and perhaps more" service is claimed by applicant
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
21 15 28 6 29 12 86 15 101

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown, under what officers the applicant served; the duration of each term of engagement; the particular place or place where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
See Bradburn

Rev. 1880
13133 INVALID.
Am
File No. 13, 133
Daniel Gilbert
Pr. New Mar.
Act: June 17 th 32
Index:—Vol. 1 , Page 142
[Arrangement of 1870.]